Penobscot Valley High School

Use of Physical Restraint and Seclusion

Maine
School Administrative District No. #31

USE
OF PHYSICAL RESTRAINT AND SECLUSION

The
Board has adopted this policy and the accompanying procedures to
implement the standards for use of physical restraint and seclusion
with students, as required by state law and regulations, and to
support a safe school environment. Physical restraint and seclusion,
as defined by this policy, may only be used as an emergency
intervention when the behavior of a student presents an imminent risk
of injury or harm to the student or others.

The
Superintendent has overall responsibility for implementing this
policy and the accompanying procedure, but may delegate specific
responsibilities as he/she deems appropriate.

I. DEFINITIONS.

The
following definitions apply to this policy and procedure:

A. Physical
restraint:
An intervention that restricts a student’s freedom of movement or
normal access to his or her body, and includes physically moving a
student who has not moved voluntarily.

Physical
restraint does not include any of the following:

1. Physical
escort: A temporary touching or holding for the purpose
of inducing a student to walk to another location, including
assisting the student to the student’s feet in order to be
escorted.

2. Physical
prompt: A teaching technique that involves physical contact with the
student and that enables the student to learn or model the physical
movement necessary for the development of the desired competency.

3. Physical
contact: When the purpose of the intervention is to comfort a
student and the student voluntarily accepts the contact.

4. Momentarily
deflecting the movement of a student when the student’s movements
would be destructive, harmful or dangerous to the student or others.

5. The use
of seat belts, safety belts or similar passenger restraints, when
used as intended during the transportation of a child in a motor
vehicle.

6. The use
of a medically prescribed harness, when used as intended; the use of
protective equipment or devices that are part of a treatment plan
prescribed by a licensed health care provider; or prescribed
assistive devices when used as prescribed and supervised by qualified
and trained individuals.

7. A
brief period of physical contact necessary to break up a fight.

8.
Restraints used by law enforcement officers in the course of their
professional duties are not subject to this policy/procedure or MDOE
Rule Chapter 33.

9. MDOE
Rule Chapter 33 does not restrict or limit the protections available
to school officials under 20-A M.R.S.A. § 4009, but those
protections do not relieve school officials from complying with this
policy/procedure.

B. Seclusion:
The involuntary confinement of a student alone in a room or clearly
defined area from which the student is physically prevented from
leaving, with no other person in the room or area with the student.

Seclusion
does not include:

1. Timeout:
An intervention where a student requests, or complies with an adult
request for, a break.

II. PROCEDURES
FOR IMPLEMENTING PHYSICAL RESTRAINT AND SECLUSION.

The
requirements for implementing physical restraint and seclusion, as
well as incident notices, documentation and reporting are included in
the accompanying procedure, JKAA-R.

III. ANNUAL
NOTICE OF POLICY/PROCEDURE.

MSAD
#31shall
provide annual notice to parents/legal guardians of this
policy/procedure by means determined by the Superintendent/designee.

IV. TRAINING
REQUIREMENTS.

A. All
school staff and contracted providers shall receive an annual
overview of this policy/procedure.

B. MSAD
#31will
ensure that there are a sufficient number of
administrators/designees, special education and other staff who
maintain certification in a restraint and seclusion training program
approved by the Maine Department of Education. A list of certified
staff shall be updated annually and maintained in the
Superintendent’s Office, in each school office and in the school
unit’s Emergency Management Plan.

V. PARENT/LEGAL GUARDIAN
COMPLAINT PROCEDURE.

A
parent/legal guardian who has a complaint concerning the
implementation of this policy/procedure must submit it in writing to
the Superintendent orDirector of Special
Education as soon as possible. The Superintendent/designee shall
investigate the complaint and provide written findings to the
parent/legal guardian within twenty (20) business days, if
practicable.

A
parent/legal guardian who is dissatisfied with the result of the
local complaint process may file a complaint with the Maine
Department of Education. The

Department
of Education will review the results of the local complaint process
and may initiate its own investigation at its sole discretion. The
Department shall issue a written report with specific findings to the
parent/legal guardian and the school unit within 60 calendar days of
receiving the complaint.